1. Pre-Grant Opposition under Section 25.(1) of Indian Patent Act 1970

TKDL Pre-Grant Opposition under Section 25.(1) brought to the notice of examination division the prior art references on the use of Piper betle, Dolichos biflorus and Piper nigrum (Black Pepper) as an anti obesity agent and for the treatment of Obesity from the books – Khazaain-al-Advia, Vol III by Mohammad Najmul Ghani Khan (Unani,Exhibit 1), Vaidyamanorama by Kali Dasa (Ayurveda,Exhibit 2) and Bharata Bhaisajya Ratnakara Compiled by Naginadasa Chaganalala Saha (Ayurveda,Exhibit 3).

2. Relevant Extract of CGPDTM Examination report

CGPDTM Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 3 are reproduced below.



“The present application falls within the scope of Section 3(p) of the Patents Act, 1970, Refer TKDL website where references are given for the treatment of obesity using Piper betle and Dolichus biflorus composition is given. Around 49 references are taken from the TKDL database (reference enclosed). D1-Nigha??uratn?kara? EDN 1868 page 1110 Formulation ID VK2/715 which refers to a forumulation containing Dolichus biflorus for the treatment of obesity. D2-Vagasena page 495 Formulation ID AK11/1955 D3-VK1/707A. The claimed composition from Piper and Dolichus for the treatment of obesity is known traditionally from the Indian system of medicines which is also disclosed in the specification. Hence not allowed u/s 3(p) of The Patents Act 1970, (Refer the enclosed document).”

Full examination report can be referred at 1294-CHENP-2010.pdf

3. Current Status & Outcomes of Pre-Grant Opposition & Examination Report

As the outcome of TKDL Pre-Grant Opposition and other documents cited in examination report, the examination is under process.